DUI DEFENSE

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The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious offense, carrying heavy penalties including:

  • Fines, fees and surcharges
  • License suspension
  • Ignition interlock device
  • Jail time
  • Community service

To find out more, visit The State of New Jersey Motor Vehicle Commission website below.

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BREATHALYZER TEST

In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as “implied consent.” If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.

If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a DUI offense.

Fines & Penalties
 

UNDERAGE DUI

If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:

  • 30–90 day license suspension
  • Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
  • 15–30 days mandatory community service
  • Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
  • If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license
 

IGNITION INTERLOCK DEVICE

If your license was suspended for a DUI offense, the court may require you to get an ignition interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%.

IGNITION INTERLOCK DEVICE REQUIREMENTS

  • First DUI Offense: Installation of interlock device for six months to one year upon restoration (judge’s discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration.
  • Second DUI Offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration.
  • Third DUI Offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration.

If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.

 

INTOXICATED DRIVER PROGRAM (IDP)

Any person convicted of an alcohol related traffic offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

  • New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders
  • During the program, offenders attend mandatory Alcohol and Highway Safety Education courses
  • IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment
  • If treatment is needed, the offende must complete a 16-week minimum treatment
  • IDRC monitors compliance and reports noncompliance to the courts and IDP. IDP makes recommendation to the MVC for suspension or restoration based on the offender’s successful completion of conviction requirements.
  • Satisfactory participation in IDRC is a step toward restoring your license. Failure to comply will result in further license suspension and possible jail time.
Fines & Penalties